TODD J. MIGLIORI, APPELLANT,
v.
DEBORAH M. MIGLIORI, APPELLEE
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Todd Migliori appeals a trial court's order transferring his child custody modification case from Orange County to Bay County based on convenience to the parties. The appellate court affirmed the transfer, finding insufficient record to disturb the trial court's discretionary decision due to the absence of a court reporter transcript.
The appellate court affirmed the trial court's transfer order, holding that absent a record demonstrating reversible error and given the lack of a hearing transcript, the trial court's findings and judgment are presumed correct and cannot be disturbed.
[1] A court may transfer a civil action to another court of record based upon the convenience of the parties or witnesses or in the interest of justice.
[2] A trial court's findings and judgment come to a reviewing court with a presumption of correctness and cannot be disturbed absent a record demonstrating reversible error.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a trial court's findings and judgment come to a reviewing court with a presumption of correctness, and cannot be disturbed absent a record demonstrating reversible error”
Establishes the standard of review for discretionary trial court decisions on appeal, explaining why the court cannot reverse without a proper transcript
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Join FLexlaw to unlock all legal intelligenceIn 2007, Husband filed a motion to modify child custody in Orange County, where the original dissolution was entered. Wife filed a motion to transfer …
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PER CURIAM.
In 2007, Todd J. Migliori [“Husband”] filed a motion for modification of child custody in the jurisdiction where the dissolution was entered. Deborah M. Mi- gliori [“Wife”] filed a plainly meritless motion to transfer based on improper venue.1 However, she also filed a supporting affidavit which, in general terms, asserted great inconvenience and hardship if the case were not moved to Bay County, where she then resided with the children. A hearing was conducted on this motion but, apparently, without a court reporter. As a result of the hearing, the trial court entered an order transferring the case to the circuit court in Bay County, in accordance with section 47.122, Florida Statutes (2007).
This statute authorizes a court to transfer a “civil action to any other court of record in which it might have been brought” based upon “the convenience of the parties or witnesses or in the interest of justice....” Id.
According to Husband, at the hearing he opposed a transfer based on convenience by relying on several affidavits already contained in the court file. He had filed these affidavits in 2003 in response to a convenience venue change motion filed by Wife in an earlier post-dissolution proceeding. He asserts that there was no live testimony at the hearing and he asks us to weigh his 2003 affidavits against the Wife’s 2007 affidavit to find that the trial court abused its discretion in ordering the transfer based on convenience.
However, given the issues on appeal and the lack of a transcript, we have no basis to reverse the decision of the trial judge. See, e.g., J P Morgan Chase Bank v. Combee, 883 So. 2d 330, 331 (Fla. 1st DCA 2004) (“[A] trial court’s findings and judgment come to a reviewing court with a presumption of correctness, and cannot be disturbed absent a record demonstrating reversible error”).
AFFIRMED.
GRIFFIN, MONACO and LAWSON, JJ., concur. . Under Section 61.13(2)(c), Florida Statutes (2007), venue was clearly proper in Orange County, the venue where the original custody order was entered. Venue was also proper in Bay County, where the Wife and children resided at the time. Id. Because venue was proper in more than one county, Husband had a right to seek relief in any proper venue. Id.
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